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Citizens for Balanced Use
Tester's wilderness bill analysis
Here is an analysis of S1470, the new wilderness bill being proposed by Senator Tester. Please review these details and contact Senators Tester and Baucus with your concerns.
Senator Tester: 202-224-2644
tester@tester.senate.gov
Senator Baucus: 202-224-2651
max@baucus.senate.gov
SUMMARY
There are three types of public land (National Forest) changes proposed: Wilderness (W), Recreation Areas (RA) and Stewardship projects. The W and RA areas can be viewed as one combined area with respect to restrictions, since the restrictions on Recreation Areas are very close to the proposed Wilderness. The combined W and RA areas amount to about 1 million acres. The Stewardship projects are for habitat restoration only and add up to a total of 100,000 acres over the 10 - 15 years allowed for completion. After the habitat restoration is complete there will be NO MORE activity in those areas. The one-shot logging projects will be done...forever. The result will be that in the long run, when the designations and treatments resulting from this bill are complete, Montana will have 1.1 million acres of new designated and de-facto wilderness. There is NO general multiple use specified. This is in violation of the Multiple-Use Sustained Yield Act. The result of this bill would be to take the public land out of productive commercial use.
If you compare the latest version of the Beaverhead-Deerlodge Partnership Draft (2007) (BDP) with the Tester Bill it appears that the Tester Bill is a direct expansion of the BDP. The terms and conditions are much the same; the names of the areas are the same, with some added. Some of the acreages have been changed. Please see the table at the bottom of this document which indicates the areas and acreages.
The BDP and therefore S1470 were developed by a small handful of wilderness activists from the Montana Wilderness Association, other environmental groups and small local businesses. This was done behind closed doors, with no involvement of the public or from local government, in violation of the federal coordination laws.
This is a land lock-up bill, with nothing substantial given to the public in exchange for a million acres of wilderness.
Neither Montana nor the Nation needs any more wilderness. Currently there are 107 million acres of designated wilderness out of a total of 190 million acres of National Forest. That's over 50%. Just because the Montana Wilderness Association says we haven't had any Wilderness designations in 25 years does not mean we need more. Their arguments as to the need for this wilderness does not carry any scientific weight.
SPECIFIC PROBLEMS AND CONCERNS RE S1470 PROVIDING REASONS TO OPPOSE THE BILL
References from S1470 by page no.
p. 4 The stewardship projects are for habitat restoration only; no goal of multiple-use, sustainable forestry (i.e. growing trees for future harvest).
p. 7 "Access road" is defined as a temporarily road that must be obliterated before completion of the project.
p. 9 Restoration projects may include removal of access roads to "State, tribal, or private land"
p. 15 Proceeds from the sale of products of the stewardship projects must be reinvested only in other restoration projects in stewardship areas
p. 15 The stewardship contracts are not to EXCEED 10 years. They could be less.
p. 41 The termination of the Secretary's authority under this bill expires after 15 years, meaning that the Wilderness and Recreation Areas are designated forever, with no continuing oversight under this bill.
p. 15 Stewardship party is to "offset the value of goods". There is no explanation of what that means.
p. 17 "Habitat connectivity" is an undefined term specified as a criterion for prioritizing projects. Considering its implied meaning, this is a highly subjective measure.
p. 17 "Road density" (e.g. 1.5 mi/sq mi) is specified as the main criterion for prioritizing activities. "Road density" is highly subject to manipulation and should not be used.
p. 17 "Reduction in road density (that) would benefit affected wildlife" is another highly subjective, unscientific measure specified to be used to determine activities.
p. 19 The Secretary MAY develop trails. This is not required.
p. 20 In the stewardship and restoration areas NO new permanent roads are allowed
p. 21 What is the definition of "uncharacteristic" wildfires or insect infestations? Certain wildfires and certain insect infestations will be allowed, at the whim of the forest manager(s).
p. 21 Prescribed fires are to "mimic" natural fires. Could that mean a "let-burn" policy?
p. 22 Revenue can only be used for fish and wildlife habitat restoration. No general, unrestricted economic benefit from these contracts.
p. 24 Three community projects are named (Blackfoot Challenge, Blackfoot Community Project and Seeley Lake Coordinated Forest Management Project) and committee appointments are specified. These projects are not defined, and the committee appointments leave out local government.
p. 26 The stewardship projects can be appealed by anyone; meaning environmental groups could appeal and stop any given project. This makes the stewardship portion of the Act uncertain as to whether it will ever be accomplished.
p. 27 By allowing only one EIS and NO additional analyses prior to implementation of the project the Data Quality Act is violated. In other words, no one is allowed to challenge the "science" presented in the EIS.
p. 28 Changes in the EIS can be made in consultation with collaborative groups (environmental groups) only AFTER the project is underway.
Implications of the last two items: A project could be started with an EIS that is acceptable to all concerned, then easily changed through "consultation" with, for example, the Montana Wilderness Association, behind closed doors.
p. 30 All consultation is with resource advisory committees (RAC) or local collaborative groups. Local government coordination, as required by NEPA, the FLPMA and NFMA are not included. This will cause a violation of these federal laws.
p. 30 "Ecological restoration" projects qualify as stewardship projects. To understand what that means, one should read a document entitled "Citizens Call for Ecological Forest Restoration" ("Call"), produced and signed by 120 environmental groups. It is a 21 page detailed blueprint for "ecological restoration" and has the goal of ZERO commercial activities on the National Forests. This document has all of the elements contained in S1470, including what a "job" means and definition of "training". Jobs included in this kind of project include only those related to road decommissioning and forest restoration. These are temporary jobs, as the Call document strongly urges a passive approach to forest management...the sooner you can get out of the forest and not touch it again, the better.
p. 31 Partnerships are to be established with non profit youth groups to do these projects.
p. 37 Impacts of climate change are to be included in the analysis of projects
p. 41 All landscape restoration projects (stewardship portions) of this bill expire in 15 years, leaving the permanent wilderness intact.
p. 53 "adequate access to the private property to ensure the reasonable use and enjoyment of the property by the owner." "reasonable use" is up to the agency and "enjoyment of the property by the owner" could mean "adequate access" is limited to the owner only. Implies there will be private property within the boundaries of some of the wilderness areas and this should disqualify the area from wilderness consideration.
p. 54 In Wilderness, grazing will only be permitted if it was established in a given area before Sept. 3, 1964 per section 4(d)(4) of the Wilderness Act (16 17 U.S.C. 1133(d)(4)), subject to additional, unknown regulations adopted subsequent to the Wilderness Act.
p 54 House Report 101-405 (Feb. 21, 1990) "provide(s) for the designation of certain public lands as wilderness in the State of Arizona"; and "Subject to the conditions and policies outlined in this report, the general rule of thumb on grazing management in wilderness should be that activities or facilities established prior to the date of an area's designation as wilderness should be allowed to remain in place and may be replaced when necessary for the permittee to properly administer the grazing program." Does this report constitute a law or regulation that applies to Montana?
p. 56-57 Outfitter & guide permits in existence at the time of this Act will be the only ones allowed in Wilderness. No new outfitter / guide permits.
p. 63 No timber harvests in Lost Creek Protection Area.
p. 65 - Recreation areas: prohibited activities include mining and timber harvest, off-road travel; almost managed as wilderness.
p. 64, p. 68, p. 71, p. 73 Recreation areas: "motorized travel shall be permitted within the National Recreation Area only on approved, designated trails and routes." All snowmobiles would be restricted from use off designated trails and routes.